U.S. Senator Mike Lee (R-UT) and Senator Dick Durbin (D-IL) have introduced bipartisan legislation aimed at protecting Americans from warrantless government surveillance while addressing foreign threats. The Security and Freedom Enhancement (SAFE) Act seeks to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA) for two years, adding new safeguards to protect privacy and civil liberties.
Senator Mike Lee stated, “The many documented abuses under FISA should provoke outrage from anyone who values the Fourth Amendment. From warrantless searches targeting journalists, political commentators, and campaign donors to monitoring sitting members of Congress, these infringements reveal a blatant disregard for individual liberties. Our bipartisan reforms to FISA Section 702 are common sense and imperative to restoring trust in our government’s commitment to the Constitution.”
Senator Dick Durbin commented, “Section 702 is a valuable tool to help keep our nation safe. However, it’s being used to conduct thousands of warrantless searches of Americans’ private communications. That’s unacceptable. Our bipartisan SAFE Act is a commonsense solution to continue protecting our country from foreign threats—while safeguarding Americans’ civil liberties and privacy.”
The proposed legislation requires government agencies to obtain a FISA Title I order or a warrant before accessing the content of Americans’ communications collected under Section 702. This requirement would not apply when searching communications involving only foreigners or when identifying links between targeted foreigners and Americans. Exceptions are included for urgent situations, consent by the subject, or cybersecurity-related searches.
Other provisions in the bill include increasing oversight through amici curiae participation in sensitive FISA Court matters and enhancing internal supervision of queries involving U.S. persons. The bill also aims to close what has been called the “data broker loophole,” which currently allows intelligence and law enforcement agencies to purchase sensitive information about Americans from commercial data brokers without proper oversight.
Additionally, the SAFE Act proposes narrowing the definition of Electronic Communications Service Provider (ECSP), which under current law could subject almost any organization using electronic communication tools to compelled data collection by the government. It also seeks to address continued use of expired surveillance authorities under Section 215.
According to his official website, Senator Mike Lee represents Utah in Washington D.C., with offices throughout Utah including Salt Lake City, St. George, Vernal, as well as in Washington itself. He advocates for limited government and legislative efforts on public safety, health care, economic issues, energy independence, fiscal responsibility, military strength, balanced budget amendments, term limits and offers constituent services regarding federal matters.
